WHEREAS,
a sufficient petition was filed with the city clerk requesting the vacation
of the west 1/2 of Kentucky Avenue; Kentucky Alley; Virginia Avenue; Virginia
Alley; Broadway Avenue; and Broadway Alley, between Baylis Street and
Davis Street, located south of Rice Lake Road and west of Pecan Avenue,
legally described as in Clague and Prindles Oak Knoll Division:

WHEREAS,
pursuant to Section 100 of the City Charter and Article IV of Chapter
45 of the Duluth City Code, 1959 as amended, such petition was duly referred
to the city planning commission and such commission gave due notice of
public hearing and did consider same in public hearing; and

WHEREAS,
the city planning commission found that said street and alley rights of
way are useless for the purpose for which is was intended, based on the
following findings;

(a)The
currently platted street and alley network is obsolete for this proposal
and adjacent development;

(b)Only
one other private property owner is affected by this petition, there is
no loss of street frontage to that owner as a result of the proposed vacations.

And
the commission did approve, unanimously, the street and alley vacation
petition at its February 14, 2006, meeting;

NOW,
THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth
approves the vacation of the street and alley rights-of-way described
above and as more particularly described on Public Document No. ___________.

BE
IT FURTHER RESOLVED, that the city clerk is hereby directed to record,
with the register of deeds and/or the registrar of titles of St. Louis
County, Minnesota, a certified copy of this resolution together with a
plat showing the portion of the easement to be vacated.

STATEMENT
OF PURPOSE: This resolution vacates the west 1/2 of Kentucky
Avenue; Kentucky Alley; Virginia Avenue; Virginia Alley; Broadway Avenue;
and Broadway Alley, between Baylis Street and Davis Street south of Rice
Lake Road and west of Pecan Avenue.

The
purpose of the vacation is to clear the title to the property to facilitate
the construction of a 12 bed hospice facility by the Miller-Dwan Foundation.
See companion resolution to issue a special use permit.

The
city planning commission unanimously approved this easement vacation petition
at its regular meeting on February 14, 2006.

This
resolution will have no effect on the tax base.

There
was one adjoining property owner who stated objection to this action.